Timing is Essential in a Personal Injury Lawsuit, but there are 4 other Key Factors that must be considered

Most of us are familiar with the old adage “time is money.”  However, it goes far beyond that in personal injury lawsuits.  Regardless of the type of accident you’ve experienced and the severity of the injuries you’ve sustained, there are certain deadlines or time limits under tort law within which you are able to file your lawsuit.  Barring any special circumstances, once that time limit has expired, you can no longer sue.  In most cases, the time limit in a personal injury claim is 2 years. Thus, it is best to contact a personal injury lawyer at the earliest to ensure that your rights are well-represented.

According to Ontario Provincial Statute 2002, c. 24, Sched. B, s. 4., “…a proceeding shall not be commenced in respect of a claim after the second anniversary of the day on which the claim was discovered.”  Given the fact that they have up to 2 years to file a lawsuit, many injury victims oftentimes wonder why there is an urgent need to contact a personal injury lawyer as soon as possible.  The fact is that there is much more that needs to be considered than timing and the Statute of Limitations.

4 Factors that play a key Role in Personal Injury Lawsuits

While the Statute of Limitations is an important factor to consider in any personal injury claim and/or lawsuit, there are 4 other factors that must be considered as well as ones that can play a significant role in the overall scheme of things.  These include:

·         Enlisting the services of a personal injury lawyer as soon after your accident as possible ensures that your rights will be protect and that you receive the maximum compensation or Statutory Accident Benefits that you are entitled to.

·         Personal injury law is an extremely complex field and it is extremely difficult for injury victims to navigate through the legal process, especially when they are overwhelmed by what they have experienced.

·         Personal injury lawyers can ensure that potential claims are properly documented and followed (probably the most critical factor).

·         Waiting until you have almost reached the Statute of Limitations for your case to contact a personal injury lawyer instead of doing so as soon as you are able could discount your credibility as well as the credibility of your case.

Where the last point above is concerned, credibility also refers to how you’ve been living your life while you delayed filing any sooner.  Most importantly, if you’ve been unable to work because of your injuries, make sure you have proper medical documentation to verify your claim.

Naturally, there are exceptions to the Statute of Limitations such as being a minor at the time of your accident or being psychologically unable to file your claim.  If you have any questions regarding this or any of the above, you should speak with an experienced personal injury lawyer.

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